N.J. Supreme Court overturns arrest of man found with 13 bags of cocaine

By MICHAEL PHILLIS

Statehouse Bureau
|

The Record

The state Supreme Court ruled in a unanimous decision Tuesday that a man found with 13 bags of crack cocaine was arrested and searched unlawfully.

The court decided the search was illegal because the officer did not have probable cause to make an arrest.

“Momentarily leaning against a building, or an upraised porch, on a city block, would not be considered loitering to an objectively reasonable citizen,” the court said with Justice Barry Albin writing for the majority.

In 2007, a police officer saw David Gibson momentarily leaning against a porch in the city of Burlington where a “no loitering” sign was posted nearby. About 3:20 a.m. as Gibson was walking away from the area, the officer stopped him for questioning. The complaint said Gibson told the officer his name and why he was out at such an early hour.

The officer thought Gibson was very excited and evasive but did not provide evidence of his beliefs. After their conversation, the officer arrested Gibson on a charge of intent to commit a defiant trespass.

At the station, police searched Gibson and found the crack cocaine.

“If Gibson was not loitering, then [the officer] could not have formed a well-grounded suspicion that Gibson was defiantly trespassing,” the opinion said.

“Therefore, the record does not support that [the officer] had probable cause to arrest Gibson for defiant trespass.”

The decision overturns an appeals court ruling that upheld the arrest.

N.J. Supreme Court overturns arrest of man found with 13 bags of cocaine

By MICHAEL PHILLIS

Statehouse Bureau
|

The Record

The state Supreme Court ruled in a unanimous decision Tuesday that a man found with 13 bags of crack cocaine was arrested and searched unlawfully.

The court decided the search was illegal because the officer did not have probable cause to make an arrest.

“Momentarily leaning against a building, or an upraised porch, on a city block, would not be considered loitering to an objectively reasonable citizen,” the court said with Justice Barry Albin writing for the majority.

In 2007, a police officer saw David Gibson momentarily leaning against a porch in the city of Burlington where a “no loitering” sign was posted nearby. About 3:20 a.m. as Gibson was walking away from the area, the officer stopped him for questioning. The complaint said Gibson told the officer his name and why he was out at such an early hour.

The officer thought Gibson was very excited and evasive but did not provide evidence of his beliefs. After their conversation, the officer arrested Gibson on a charge of intent to commit a defiant trespass.

At the station, police searched Gibson and found the crack cocaine.

“If Gibson was not loitering, then [the officer] could not have formed a well-grounded suspicion that Gibson was defiantly trespassing,” the opinion said.

“Therefore, the record does not support that [the officer] had probable cause to arrest Gibson for defiant trespass.”

The decision overturns an appeals court ruling that upheld the arrest.